Introduction
On July 16, 2025, the Government of Québec published a new draft regulation1 (the "New Regulation") governing the warranty of good working order applicable to certain new goods. This regulation sets out the duration of the warranty applicable to the goods in question and outlines the obligations of merchants and manufacturers with respect to the disclosure of information relating to this warranty. The New Regulation also establishes disclosure obligations for merchants before they offer a consumer an additional warranty covering a good that is already subject to a warranty.
The New Regulation follows the adoption of the Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods ("Bill 29") in October 2023, which provided numerous important amendments to the Consumer Protection Act (the "CPA"), that manufacturers and merchants doing business in Québec should be aware of2.
Warranty of Good Working Order
One of the key measures introduced by Bill 29 is the creation of a new statutory warranty of good working order for certain new goods (the "Covered Goods"), as provided in article 38.1 of the CPA. The government may, by regulation, extend this new warranty to other types of goods in the future.
This new warranty is in addition to the other legal warranties of quality, durability and normal use provided by the CPA and the legal warranty of quality provided by the Civil Code of Québec ("CCQ")3, which apply regardless of the type of good4.
Section 79.21 of the New Regulation establishes the minimum duration of the warranty of good working order for the Covered Goods as follows:
| Covered Goods | Warranty Duration |
|---|---|
| Stove | Refrigerator | Freezer | Air Conditioner | Heat Pump | 6 years |
| Washing Machine | Dryer | Dishwasher | 5 years |
| Television | 4 years |
| Desktop or Laptop Computer | Video Game Console | Mobile Phone | Tablet | 3 years |
The legal warranty of good working order covers parts and labour5, but does not cover normal maintenance or the replacement of parts resulting from it, damage resulting from abuse by the consumer or any accessory6. This warranty is (i) effective upon the delivery of the good7, (ii) binding on the manufacturer and the merchant8 and (iii) for the benefit of both the initial purchaser and subsequent purchasers9.
In the case of repairs under this new warranty, the merchant or the manufacturer shall assume the reasonable transportation or shipping costs incurred in respect of the performance of the warranty and must carry out the necessary repairs and assume the related costs, or permit the consumer to have the repairs carried out by a third person, in which case it must assume the repair costs10.
Disclosure Obligations of Merchants and Manufacturers
The New Regulation also governs the disclosure obligations of merchants and manufacturers with respect to this warranty.
Specifically, manufacturers of goods subject to a warranty of good working order will be required to disclose, clearly and intelligibly, the duration of the warranty online11.
Bill 29 already required merchants to disclose the duration of the warranty near the advertised price of the goods or, in the case of a long-term lease of the goods, near their retail value, in a prominent manner12.
The New Regulation further requires merchants to provide the consumer, immediately after the conclusion of a sales or long-term lease contract, with a written document that clearly sets out the mandatory notice regarding the warranty of good working order13. As set out in section 79.23 of the New Regulation, this notice indicates the duration of the warranty applicable to the Covered Goods, informs the consumer that they may contact the manufacturer and/or the merchant to have the goods repaired free of charge, and states that this warranty is in addition to other free legal warranties provided by law.
Mandatory Notice When Offering Additional Warranties
Under the New Regulation, before entering into a consumer contract that includes an additional warranty, the merchant must provide the consumer with a paper document containing only the mandatory notice prescribed in section 91.9. This section sets out the specific model of notice to be used depending on the type of good involved:
- Covered Goods that are the subject of a sales or long-term lease contract;
- Used automobiles covered by a warranty of good working order under section 159 of the CPA;
- Used motorcycles covered by a warranty of good working order under the second paragraph of section 164 of the CPA;
- Any other good.
This notice informs consumers, among other things, that the warranty of good working order applies automatically and specifies that the merchant or manufacturer is required to repair the good free of charge in the event of a malfunction.
In addition, the front page of this notice must now include, in addition to the requirements of section 91.10 of the New Regulation, a boxed statement clearly indicating that the manufacturer and the merchant guarantee the proper functioning of the good, free of charge, for a specified period starting from the time of delivery14.
Lastly, an exception under section 91.13 of the New Regulation provides that merchants are not required to provide this written notice before offering an additional warranty when the offer is made orally and remotely. In such cases, the applicable notice under the first paragraph of section 91.9 must be sent to the buyer within 15 days following the conclusion of the contract. If the notice is sent electronically, it does not have to be provided in paper format but must be presented in a form that is readable, easy to store, and printable.
Conclusion
Generally, the New Regulation should be adopted within 45 days of its publication, although further amendments may be made based on comments the Québec government may receive during this period15. With certain exceptions, the new rules introduced under this New Regulation will come into force on October 5, 2026.
Merchants and manufacturers are encouraged to promptly identify, within their product offerings, the goods that qualify as Covered Goods under the legal warranty of good working order. They are also advised to anticipate and plan for the adjustments required by Bill 29 and the New Regulation, including by updating consumer-facing information, reviewing contractual documents, and revising documentation accompanying the Covered Goods, which will be required to include specific mandatory notices.
We will continue to closely monitor developments regarding the adoption, interpretation and application of these new rules. The Fasken team is available to answer your questions and help you prepare for and comply with the new requirements provided under the New Regulation and the CPA.
The authors would like to thank Bettina Agirbicianu, law student, for her assistance in preparing this bulletin.
Footnotes
1. The Regulation to amend the Regulation respecting the application of the [i]Consumer Protection Act[/i].
2. Done Deal: Quebec Adopts Sweeping Legislation Against Planned Obsolescence and for the Right to Repair Consumer Goods.
3. Article 1726 CCQ.
4. What Lawyers, Manufacturers and Sellers Need to Know about Product Liability Laws in the Province of Québec.
5. CPA, s. 38.2.
6. CPA, s. 38.3.
7. CPA, s. 38.4
8. CPA, s. 38.6.
9. [i]Id.[/i]
10. CPA, s. 38.5.
11. New Regulation, s. 79.22.
12. CPA, s. 38.8.
13. New Regulation, s. 79.23.
14. New Regulation, s. 91.10.
15. Any person wishing to comment on this draft regulation is required to submit written comments within the 45-day period to the Office de la protection du consommateur, which will then forward them to the Minister of Justice.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
